State  Convention.]  [May,  18G1. 


Ordered  to  be  Printed. 


Synie  &  Hall,  Printers  to  the  CnnveTition. 


CONSTITUTION    OF   THE    CONFEDERATE   STATES 
OF    AMERICA. 

We,  the  people  of  the  Confederate  States,  each  state  actiiiir 
in  its  sovereign  and  independent  character,  in  order  to  form  a 
permanent  federal  government,  establish  justice,  insure  domestic 
tranquility  and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity — invoking  the  favor  and  guidance  of  Almightv 
God — do  ordain  and  establish  this  constitution  for  the  Confed- 
erate States  of  America. 

ARTICLE  I. 
Section  1. 

All  legislative  powers  herein  delegated  shall  be  vested  in   a 
Congress  of  the  Confederate  States,  which  shall  consist  of  a 
Senate  and  House  of  Representatives. 

Section  2. 

1.  The  House  of  Representatives  shall  be  composed  of  mem 
bers  chosen  every  second  year  by  the  people  of  the  several 
states ;  and  the  electors  in  each  state  shall  be  citizens  of  the 
Confederate  States,  and  have  the  qualifications  requisite  fur  elec. 
tors  of  the  most  numerous  branch  of  the  State  Legislature ;  but 
no  person  of  foreign  birth,  not  a  citizen  of  the  Confederate  States, 
'^ball  be  allowed  to  vote  for  any  officer,  civil  or  political.  State 
or  Federal. 


'2.  No  person  bliall  be  a  Representative,  who  shall  not  have 
attained  the  age  of  twenty-five  years,  and  be  a  citizen  of  the 
Confederate  States,  and  who  shall  not,  when  elected,  be  an  in- 
habitant of  that  State  in  which  he  shall  be  chosen. 

•;.  Representatives  and  Direct  Taxes  shall  be  apportioned 
among  the  several  States,  which  may  be  included  within  this 
Confederacy;  according  to  their  respective  numbers,  which  shall 
be  determined,  by  adding  to  the  whole  number  of  free  persons, 
including  those  bound  to  service  for  a  term  of  years,  and  exclu- 
ding Indians  not  taxed,  three-fifths  of  all  slaves.  The  actual 
enumeration  shall  be  made  within  three  years  after  the  first 
meeting  of  the  Congress  of  the  Confederate  States,  and  within 
every  subsequent  term  of  ten  years,  in  such  manner  as  they 
shall,  by  law,  direct.  The  number  of  Representatives  shall  not 
exceed  one  for  every  fifty  thousand,  but  each  State  shall  have  at 
least  one  Representative ;  and  until  such  enumeration  shall  be 
made,  the  State  of  South  Carolina  shall  be  entitled  to  choose 
six — the  State  of  Georgia  ten — the  State  of  Alabama  nine — the 
State  of  Florida  two — the  State  of  Mississippi  seven — the  State 
of  Louisiana   six,  and  the  State  of  Texas  six. 

4.  When  vacancies  happen  in  the  representation  from  any 
State,  the  Executive  authority  thereof  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

0.  The  House  of  Representatives  shall  choose  their  speaker 
and  other  officers  ;  and  shall  have  the  sole  power  of  impeachment ; 
except  that  any  judicial  or  other  federal  officer,  resident  and  acting 
solely  within  the  limits  of  any  State,  may  be  impeached  by  a 
vote  of  two-thirds  of  both  branches  of  the  Legislature  thereof. 

Section  3. 

1.  The  Senate  of  the  Confederate  States  shall  be  composed 
of  two  senators  from  each  State,  chosen  for  six  years  by  the 
Legislature  thereof,  at  the  regular  session  next  immediately 
preceding  the  commencement  of  the  term  of  service  ;  and  each 
senator  shall  have  one  vote. 


i'.  Immediately  after  they  shall  he  assembled,  in  consequence 
of  the  first  election,  they  shall  be  divided  as  equally  as  may  be  inco 
three  classes.  The  seats  of  the  senators  of  the  first  class  shall 
be  vacated  at  the  expiration  of  the  second  year;  of  the  second- 
class  at  the  expiration  of  the  fourth  year  ;  and  of  the  third  class 
at  the  expiration  of  the  sixth  year  ;  so  that  one-third  may  be 
chosen  every  second  year ;  and  if  vacancies  happen  by  resigna- 
tion, or  otherwise,  during  the  recess  of  the  Legislature  of  any 
State,  the  executive  thereof  may  make  temporary  appointments 
until  the  meeting  of  the  Legislature,  which  shall  then  fill  sucli 
vacancies. 

•J.  No  person  siiall  be  a  senator  who  shall  not  have  attained 
the  age  of  thirty  years,  and  be  a  citizen  of  the  Confederate 
States  ;  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
the  State  for  which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  Confederate  States  shall  he 
President  of  the  Senate,  but  shall  have  no  vote,  unless  they  be 
oijually  divided. 

5.  The  senate  shall  choose  their  other  officers ;  and  also  a 
President  pro  tempore  in  the  absence  of  the  Vice  Presideut,  or 
when  he  shall  exercise  the  office  of  President  of  the  Confederate 
States. 

6.  The  senate  shall  have  the  sole  power  to  try  all  impeach-^ 
ments.  When  sitting  for  that  purpose,  they  shall  be  on  oath 
or  affirmation.  When  the  President  of  the  Confederate  States 
is  tried,  the  Chief  Justice  shall  preside ;  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  the  members 
present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  fur- 
ther than  to  removal  from  office,  and  disqualification  to  hold 
and  enjoy  any  office  of  honor,  trust  or  profit,  under  the  Confed- 
erate. States  ;  but  the  party  convicted  shall,  nevertheless,  be 
liable  and  subject  to  indictment,  tiial,  judgment  and  punisU- 
mcnt  according;  to  law,  * 


•^         Section  4. 

1.  The  times,  places  and  manner  of  liokling  elections  for 
Senators  and  Representatives,  shall  be  prescribed  in  each  State 

■  hy  the  Legislature  thereof,  subject  to  the  provisions  of  this  con- 
stitution;  but  the  Con_i!:ress  ma3%  at  any  time,  by  la^v,  make 
or  alter  such  regulations,  except  as  to  the  times  and  places  of 
ehoosing  senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year  : 
and  such  meeting  shall  be  on  the  first  Monday  in  December, 
unless  they  shall,  by  law,  appoint  a  different  day. 

Section  r>. 

1.  Each  House  shall  be  the  judge  of  tlie  elections,  return.- 
and  qualifications  of  its  own  members,  and  a  majority  of  each 
shall  constitute  a  (quorum  to  do  business ;  but  a  smaller  num- 
ber may  adjourn  from  day  to  day,  and  may  be  authorized  to 
compel  the  attendance  of  absent  members,  in  such  manner  and 
under  such  penalties  as  each  House  may  provide. 

2.  Each  House  may  determine  the  rules  of  its  proceedings. 
punish  its  members  for  disorderly  behavior,  au<I,  with  the  con- 
currence of  two-thirds  of  the  whole  number,  expel  a  member. 

0.  Each  House  shall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time,  publish  the  same,  excepting  such  parts 
as  may  in  their  judgment  require  secresy  :  and  the  yeas  and 
nays  of  the  members  of  either  House,  on  any  question,  shall,  at 
the  desire  of  one-fifth  of  those  present,  be  entered  on  the 
journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall,  with- 
out the  consent  of  the  other,  adjourn  for  more  than  three  days. 
nor  to  any  other  place  than  that  in  which  the  two  Houses  sh;ill 
be  sitting. 

Section  6. 

1.  The,senator»  and  representatives  shall  receive  a  compen- 
sation for  their  services,  to  be  ascertained  by  law,  and  paid  out 
of  the  treasury  of  the  Confederate  States-     They  shall,   in   aU 


cases,  except  treason,  felony,  and  breach  of  the  peace,  be  priv- 
ileged from  arrest  during  their  attendance  at  the  session  of  their 
respective  Houses,  and  in  going  to  and  returning  from  the  same  ; 
and  for  any  speech  or  debate  in  either  House,  they  shall  not  be 
(jucstioncd  in  any  other  place. 

'2.  No  senator  or  representative  shall,  during  the  time  for 
which  he  was  elected,  bo  appointed  to  any  civil  office  under  the 
authority  of  the  Confederate  States,  which  shall  have  been  cre- 
ated, or  the  emoluments  whereof  shall  have  been  increased 
during  such  time  :  and  no  person  holding  any  office  under  the 
Oonfoderatc  States  shall  be  a  member  of  either  House  during 
his  continuance  in  office.  But  Congress  may,  by  law,  grant  to 
the  principal  officer  in  each  of  the  Executive  Departments  a  seat 
upon  the  floor  of  either  House,  with  the  privilege  of  discussing 
any  measures  appertaining  to  his  department. 

Section  7. 

].  All  Itills  for  raisin*::  revenue  shall  oriijinate  in  the  House  of 
Representatives  ;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

'2  Every  bill  Avliich  shall  have  passed  both  Houses,  shall,  be- 
fore it  becomes  a  law,  be  presented  to  the  President  of  the  Con- 
federate States ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he 
shall  return  it  with  his  objections  to  that  House  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsid- 
eration, two-thirds  of  that  House  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other  House. 
by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
two-thirds  of  that  House,  it  shall  become  a  law.  But  in  all 
such  cases,  the  votes  of  both  Houses  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  persons  voting  for  and 
against  the  bill  shall  be  entered  on  the  journal  of  each  House  re- 
spectively. If  any  bill  shall  not  be  returned  by  the  President 
within  ten  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he 


6 


had  signed  it,  unless  the  Congress,  by  their  adjournment,  pre- 
vent its  return ;  in  which  case  it  shall  not  be  a  law.  The  Pre- 
sident may  approve  any  appropriation  and  disapprove  any  other 
appropriation  in  the  same  bill.  In  such  case  he  shall,  in  signing 
the  bill,  designate  the  appropriations  disapproved ;  and  shall  re- 
turn a  copy  of  such  appropriatiens,  with  his  objections,  to  the 
House  in  which  the  bill  shall  have  originated ;  and  the  same 
proceedings  shall  then  be  had  as  in  case  of  other  bills  disap- 
proved by  the  President. 

3.  Every  order,  resolution  or  vote,  to  which  the  concurrence 
of  both  Houses  may  be  necessary,  (except  on  a  question  of  ad- 
journment) shall  be  presented  to  the  President  of  the  Confede- 
rate States ;  and  before  the  same  shall  take  effect,  shall  be 
approved  by  him ;  or  being  disapproved  by  him,  shall  be  re- 
passed by  two-thirds  of  both  Houses,  according  to  the  rules  ^nd 
limitations  prescribed  in  case  of  a  bill. 

Section  8. 

The  Congress  shall  have  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  for 
revenue  necessary  to  pay  the  debts,  provide  for  the  common 
defence,  and  carry  on  the  government  of  the  Confederate  States ; 
but  no  bounties  shall  be  granted  from  the  treasury  ;  nor  shall 
any  .duties  or  taxes  on  importations  from  foreign  nations  belaid 
to  promote  or  foster  any  branch  of  industry ;  and  all  duties, 
imposts,  and  excises  shall  be  uniform  throughout  the  Confederate 
States : 

2.  To  borrow  money  on  the  credit  of  the  Confederate  States : 
b.  To  regulate  commerce    with  foreign  nations,  and  among 

the  several  States,  and  with  the  Indian  tribes  ;  but  neither  this, 
nor  any  other  clause  contained  in  the  constitution,  shall  ever  be 
construed  to  delegate  the  power  to  Congress  to  appropriate 
looney  for  any  internal  improvement  intended  to  facilitate  com- 
merce ;  except  for  the  purpose  of  furnishing  lights,  beacons, 
and  buoys,  and  other  aids  to  navigation  upon  the  coasts,  and 
the  improvement  of  harbors  and  the  removing  of  obstructions  in 


river  navigation,  in  all  which  cases,  such  duties  shall  be  laid  on 
the  navigation  facilitated  thereby,  as  may  be  necessary  to  pay 
the  costs  and  expenses  thereof : 

4.  To  establish  uniform  laws  of  naturalization,  and  uniform 
laws  on  the  subject  of  bankruptcies,  throughout  the  Confederate 
States,  but  no  law  of  Congress  shall  discharge  any  debt  con- 
tracted before  the  passage  of  the  same  : 

•0.  To  coin  money,  regulate  the  value  thereof  and  of  ff»rcign 
coin,  and  fix  the  standard  of  weights  and  measures  : 

6.  To  provide  for  the  punishment  of  counterfeiting  the  secu- 
rities and  current  coin  of  the  Confederate  States  : 

7.  To  establish  postoffices  and  post  routes ;  but  tlie  expenses 
of  the  PostoflRce  Department,  after  the  first  day  of  March  in  the 
year  of  our  Lord  eighteen  hundred  and  sixty-three,  shall  be  paid 
out  of  its  own  revenues : 

8.  To  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times  to  authors  and  inventors  the  exclusive 
right  to  their  respective  writings  and  discoveries: 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court : 

10.  To  define  and  punish  piracies  and  felonies  committed  on 
the  high  seas,  and  offences  against  the  law  of  nations : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water : 

12.  To  raise  and  support  armies  ;  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than'  two  years : 

13.  To  provide  and  maintain  a  navy: 

14.  To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces: 

15.  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Confederate  States,  suppress  insurrections,  and  repel 
invasions : 

16.  To  provide  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  employed 
in  the  service  of  the  Confederate  States  ;  reserving  to  the  States, 
respectively,  the  appointment  of  the  officers,  and  the  authority 
of  training  the  militia  according  to  the  discipline  prescribed  by 

•  Conffress : 


8 


IT.  To  exei'cisc  exclusive  legislation,  in  all  cases  whatsoever, 
over  such  district  (not  exceeding  ten  miles  square)  as  may,  by 
cession  of  one  or  more  States  and  the  acceptance  of  Congress, 
become  the  scat  of  the  Government  of  the  Confederate  States; 
and  to  exercise  like  authority  over  all  purchased  by  the  consent 
of  the  legislature  of  the  State  in  which  the  same  shall  be,  for  the 
erection  efforts,  magazines,  arsenals,  dockyards  and  other  need- 
ful buildings ;  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for  car- 
rying into  execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  Constitution  in  the  government  of  the  Confeder- 
ate States,  or  iu  any  department  or  officer  thereof. 

Section  9. 

1.  The  importation  of  negroes  of  the  African  race,  from  any 
foreign  country,  other  than  the  slaveholding  States  or  Territo- 
ries of  the  United  States  of  America,  is  hereby  forbidden ;  and 
Congress  is  required  to  pass  such  laws  as  shall  eifectually  pre- 
vent the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  introduc- 
tion of  slaves  from  any  State  not  a  member  of,  or  Territory  not 
belonging  to,  this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

4.  No  bill  of  attainder,  ex  post  facto  law,  or  law  denying  or 
impairing  the  right  of  property  in  negro  slaves  shall  be  passed. 

o.  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in 
proportion  to  the  census  or  enumeration  hereinbefore  directed 
to  be  taken. 

6.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
State,  except  by  a  vote  of  two-thirds  of  both  Houses. 

7.  No  preference  shall  be  given  by  any  regulation  of  commcr^ 
or  revenue  to  the  ports  of  one  State  over  those  of  another. 

8.  No  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law;  and  a  regular  statement. 


aiul  account  of  the  receipts  and  expenditures  of  all  public  moa-y 

aliall  be  published  from  time  to  time. 

9.   Congress    shall    appropriate  no  money  from  the  treasury 

except  by  a  vote  of  tNvo-thirds  of  both  Houses,   taken  by   yea?^ 

and  nays,  unless  it  be  asked  and  estimated  for  bv  some  one    of 

the  heads  of  Department,   and  submitted  to    Concrress  by   the 

President;  or  for  the  purpose  of  pay  inn;  its   own  expenses    and 

contnigencies  ;  or  for  the  payment  of  claims  against    the    Coi;- 

federate  States,  the  justice  of  which  shall  have  been  judicially 

declared  by  a  tribunal  for  the  investigation  of  claims  against  the 

government,  which  it  is  hereby  ma<lc  the  duty    uf  Congress  to 
establish. 

10.  All  bills  appropriating  money  shall  specify  in  fcderd 
currency  the  exact  amount  of  each  appropriation  imd  the  pur- 
poses for  which  it  is  made  ;  and  Congress  shall  grant  no  extra 
compensation  to  any  public  contractor,  officer,  agent  or  servant, 
after  such  contract  shall  have  been  made  or  such  service  ren- 
dered. 

^  11.  No  title  of  nobility  shall  be  granted  by  the  Confederate 
States:  and  no  person  holding  any  office  of  profit  or  trust  under 
them,  shall,  without  the  consent  of  the  Congress,  accept  of  any 
present,  emolument,  office  or  title  of  any  kind  whatever  from 
any  king,  prince  or  foreign  State. 

12.  Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof;  or  abridg- 
ing the  freedom  of  speech,  or  of  the  press ;  or  the  right  of  the 
people  peaceably  to  assemble  and  petition  the  government  for  a 
redress  of  grievances. 

13.  A  well  regulated  militia  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear  arma 
shall  not  be  infrinsed. 

14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house   without  the  consent  of  the  owner ;  nor  in  time  of  war 
but  in  a  manner  to  be  prescribed  by  Uw. 

15.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,   papers,  and  effects  against  unreasonable  searches  and 


10 


seizures,  shall  not  be  violated ;  and  no  warrants  shall  issue  but 
upon  probable  cause,  supported  by  oath  or  affirmation,  and  par- 
ticularly describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be  seized. 

16.  No  person  shall  be  held  to  answer  for  a  capital  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indictment  of 
a  grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  militia,  when  in  actual  service,  in  time  of  war  or  pub- 
lic danger  ;  nor  shall  any  person  be  subject  for  the  same  offence 
to  be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  to  be  compelled, 
in  any  criminal  case,  to  be  a  witness  against  himself ;  nor  be 
deprived  bf  life,  liberty,  or  property,  without  due  process  of 
law ;  nor  shall  private  property  be  taken  for  public  use,  without 
just  compensation. 

17.  In  all  criminal  prosecutions  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the 
State  and  district  wherein  the  crime  shall  have  been  committed, 
which  district  shall  have  been  previously  ascertained  by  law, 
and  to  be  informed  of  the  nature  and  cause  of  the  accusation ; 
to  be  confronted  with  the  witnesses  against  him ;  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favor ;  and  to 
hgive  the  assistance  of  counsel  for  his  defence. 

18.  In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved ;  and  no  fact  so  tried  by  a  jury  shall  be  otherwise  re- 
examined in  any  court  of  the  Confederacy,  than  according  to 
the  rules  of  the  common  law. 

19.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

20.  Every  law  or  resolution  having  the  force  of  law,  shall 
relate  but  to  one  subject,  and  that  shall  be  expressed  in  the  title. 

Section  10. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  confede- 
ration ;  grant  letters  of  marque  and  reprisal ;  coin  money ;  make 
anything  but  gold^and  silver  coin  a  tender  inj)ayment  of  debts; 


11 

pass  any  bill  of  attainder,  or  ex  post  facto  law,  or  law  impairing 
the  obligp.tion  of  contracts  ;  or  grant  any  title  of  nobility. 

2.  No  state  shall,  without  the  consent  of  the  Congress,  lay 
any  imposts  or  duties  on  imports  or  exports,  except  what  may 
be  absolutely  necessary  for  executing  its  inspection  laws  ;  and 
the  net  produce  of  all  duties  and  imposts,  laid  by  any  State 
on  imports  or  exports,  shall  be  for  the  use  of  the  treasury  of 
the  Confederate  States ;  and  all  such  laws  shall  be  subject  to 
the  revision  and  control  of  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any 
duty  on  tonnage,  except  on  sea-going  vessels,  for  the  improve- 
ment of  its  rivers  and  harbors  navigated  by  the  said  vessels  :  but 
such  duties  shall  not  conflict  with  any  treaties  of  the  Confederate 
States  with  foreign  nations  ;  and  any  surplus  revenue,  thus  de- 
rived, after  making  such  improvement,  be  paid  into  the  common 
treasury.  Nor  shall  any  state  keep  troops  or  ships  of  war  in 
time  of  peace,  enter  into  any  agrement  or  compact  with  anoth- 
er state,  or  with  a  foreign  power,  or  engage  in  war,  unless  ac- 
tually invaded,  or  m  such  imminent  danger  as  will  not  admit  of 
delay.  But  when  any  river  divides  or  flows  through  two  or 
more  States,  they  may  enter  into  compacts  with  each  other  to 
improve  the  navigation  thereof. 

ARTICLE  II. 
Section  1. 

1.  The  executive  power  shall  be  vested  in  a  President  of  the 
Confederate  States  of  America.  He  and  the  Vice  President 
shall  hold  their  ofiices  for  the  term  of  six  years ;  but  the  Presi- 
dent shall  not  be  re-elegible.  The  President  and  Vice  President 
shall  be  elected  as  follows : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  legislature 
tli^reof  may  direct,  a  number  of  electors  equal  to  the  Avhole 
number  of  Senators  and  Representatives  to  which  the  State  may 
be  entitled  in  the  Congress;  but  no  Senator  or  Representative. 


12 

or  person  holding  an  office  of  trust  or  profit  under  the  Confede- 
erate  States,  shall  be  appointed  an  elector. 

o.  The  electors  shall  meet  in  their  respective  States  and  vote 
by  ballot  for  President  and  Vice  President,  one  of  whom,  ot 
least,  shall  not  be  an  inhabitant  of  the  same  State  with  thero- 
selves  ;  they  shall  name  in  their  ballots  the  person  voted  for  ar-s 
President,  and  in  distinct  ballots  the  person  voted  for  as  Vice 
President,  and  they  shall  make  distinct  listc  of  all  persons 
voted  for  as  President,  and  of  all  persons  voted  for  as  Vice 
President,  and  of  the  number  of  votes  for  each,  which  lists  they 
shall  sign  and  certify,  and  transmit,  sealed,  to  the  seat  of  the 
government  of  the  Confederate  States,  directed  to  the  President 
of  the  Senate  ;  the  Presitlent  of  the  Senate  shall,  in  the  presence, 
of  the  Senate  and  House  of  Representatives,  open  all  the  certif- 
icates, and  the  votes  shall  then  be  counted ;  the  person  having 
the  greatest  numberof  votes  for  President  shall  be  the  President, 
if  such  number  be  a  majority  of  the  whole  number  of  electors 
appointed ;  and  if  no  person  have  such  majority,  then,  from  the 
persons  liaving  the  highest  numbers,  not  exceeding  three,  on  the 
list  of  those  voted  for  as  President,  the  House  of  Representatives 
shall  choose  immediately,  by  ballot,  the  President.  But  in 
-choosing  the  Presidert,  the  votes  shall  be  taken  by  States,  the 
representation  from  each  State  having  one  vote;  a  quorum  for 
this  purpose  shall  consist  of  a  member  or  members  from  two- 
thirds  of  the  States,  and  a  majority  of  all  the  States  .shall  be 
necessary  to  a  choice.  And  if  the  House  of  Representatives 
shall  not  choose  a  President,  whenever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March  next  follow- 
ing, then  the  Vice  President  shall  act  as  President,  as  in  case 
of  the  death,  or  other  constitutional  disability  of  the  President. 

4.  The  person  having  the  greatest  number  of  votes  as  Vice- 
President,  shall  be  the  Vice-President,  if  such  number  be  a  ma- 
jority of  the  whole  number  of  electors  appointed;  and  if  no 
person  have  a  majority,  then,from  the  two  highest  numbers  on 
the  list  the  Senate  shall  choose  the  Vice-President ;  a  quorum 
for  the  purpose  shall  consist  of  two-thirds  of  the  whole  number 


13 

of  Senators,  and  a  majority  of  tlio  ^Yhole  number  shall  be  neces- 
sary to  a  choice. 

5.  But  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice-President  of  the  Con- 
federate States. 

0.  The  Congress  may  determine  the  time  of  choosing  the  elec- 
tors, and  the  day  on  which  they  shall  give  their  votes :  Avhich 
day  shall  be  the  same  throughout  the  Confederate  States. 

7.  No  person  except  a  natural-born  citizen  of  the  Confeder- 
ate States,  or  a  citizen  thereof  at  the  time  of  the  adoption  of 
this  Constitution,  or  a  citizen  thereof  born  in  the  United  States 
prior  to  the  20th  of  December,  1800,  shall  be  eligible  to  the 
office  of  President :  neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  the  age  of  thirty-five  years, 
and  been  fourteen  years  a  resident  within  the  limits  of  the  Con- 
federate States,  as  they  may  exist  at  the  time  of  his  election. 

8.  In  case  of  the  removal  of  the  President  from  office,  or  of 
his  death,  resignation,  or  inability  to  discharge  the  powers  and 
duties  of  the  said  office,  the  same  shall  devolve  on  the  Vice- 
President  ;  and  the  Congress  may,  by  law,  provide  for  the  case 
of  removal,  death,  resignation,  or  inability  both  of  the  Presi- 
dent and  A'ice-President,  declaring  what  officer  shall  then  act 
as  President,  and  such  officer  .shall  act  accordingly  until  the  dis. 
ability  be  removed  or  a  President  shall  be  elected. 

9.  The  President  shall,  at  stated  times,  receive  for  his  services 
a  compensation,  which  shall  neither  be  increased  nor  diminish- 
ed during  the  period  for  which  he  shall  have  been  elected :  and 
he  shall  not  receive  within  that  period  any  other  emolument 
from  the  Confederate  States,  or  any  of  them. 

10.  Before  he  enters  on  the  execution  of  his  office,  he  shall 
take  the  following  oath  or  affirmation  : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute 
the  office  of  the  President  of  Confederate  States,  and  will 
to  the  best  of  my  ability,  preserve,  protect,  and  defend  the  con- 
stitution thereof." 


14 

Section  2. 

1.  The  President  shall  be  commander-in-chief  of  the  army 
and  navy  of  Confederate  States,  and  of  thQ  militia  of  the 
several  States,  when  called  into  the  actual  service  of  the  Con- 
federate States ;  he  may  require  the  opinion,  in  writing,  of  the 
principal  oflficer  in  each  of  the  Executive  Departments,  upon  any 
subject  relating  to  the  duties  of  their  respective  offices  :  and  he 
shall  have  power  to  grant  reprieves  and  pardons  for  offences 
against  the  Confederate  States,  except  in  cases  of  impeachment. 

2.  He  chall  have  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  make  treaties,  provided  two-thirds  of  the  Sen- 
ators present  concur ;  and  he  shall  nominate,  and  by  and  with 
the  advice  and  consent  of  the  Senate,  shall  appoint  ambassadors, 
other  public  ministers  and  consuls.  Judges  of  the  Supreme  Court, 
and  all  other  officers  of  the  Confederate  States,  whose  appoint- 
ments are  not  herein  otherwise  provided  for,  and  which  shall  be 
established  by  law ;  but  the  Congress  may,  by  law,  vest  the  ap- 
pointment of  such  inferior  officers,  as  they  think  proper,  in  the 
President  alone,  in  the  courts  of  law  or  in  the  heads  of  Depart- 
ments. 

o.  The  principal  officer  in  each  of  the  Executive  Departments, 
and  all  persons  connected  with  the  diplomatic  service,  may  be 
removed  from  office  at  the  pleasure  of  the  President.  All  other 
civil  officers  of  the  Executive  Department  may  be  removed  at 
any  time  by  the  President,  or  other  appointing  power,  when 
their  services  are  unnecessary,  or  for  dishonesty,  incapacity,  in- 
efficiency, misconduct,  or  neglect  of  duty  ;  and  when  so  remov- 
ed, the  removal  shall  be  reported  to  the  Senate,  together  with 
the  reasons  therefor. 

4.  The  President  shall  have  power  to  fill  all  vacancies  tho.t 
may  happen  during  the  recess  of  the  Senate,  by  granting  com- 
missions which  shall  expire  at  the  end  of  their  next  session ;  but 
no  person  rejected  by  the  Senate  shall  be  re-appointed  to  the 
same  office  during  their  ensuing  recess. 


15 

Section  3. 

1.  The  President  shall,  from  time  to  time,  give  to  the  Con- 
gress information  of  the  state  of  the  Confederacy,  and  recom- 
mend to  their  consideration  such  measures  as  he  shall  judge 
necessary  and  expedient ;  he  may,  on  extraordinary  occasions, 
convene  both  Houses,  or  either  of  them ;  and  in  case  of  disa- 
greement between  them,  with  respect  to  the  time  of  adjourn- 
ment, he  may  adjourn  them  to  such  time  as  he  shall  think  pro- 
per ;  he  shall  receive  ambassadors  and  other  public  ministers  ; 
he  shall  take  care  that  the  laws  be  faithfully  executed,  and  shall 
commission  all  the  officers  of  the  Confederate  States. 

Section  4. 

1.  The  President,  Vice  President,  and  all  civil  officers  of  the 
Confederate  States,  shall  be  removed  from  office  on  impeach- 
ment for,  and  conviction  of,  treason,  bribery,  or  other  high 
crimes  and  misdemeanors. 

ARTICLE  III. 

Section  1. 

1.  The  judicial  power  of  the  Confederate  States  shall  be  vest- 
ed in  one  Supreme  Court,  and  in  such  Inferior  Courts  as  the 
Congress  may  from  time  to  time  ordain  and  establish.  The 
judges,  both  of  the  Supreme  and  Inferior  Courts,  shall  hold 
their  offices  during  good  behavior,  and  shall,  at  stated  times,  re- 
ceive for  their  services  a  compensation,  which  shall  not  be  di- 
minished during  their  continuance  in  office. 

Section  2. 

1.  The  judicial  power  shall  extend  to  all  cases  arising  under 
this  Constitution,  the  laws  of  the  Confederate  States,  and 
treaties  made  or  which  shall  be  made  under  their  authority  :  to 
all  cases  affecting  ambassadors,  other  public  ministers  and  con- 
suls ;  to  all  cases  of  admiralty  and  maritime  jurisdiction ;  to 
controversies  to  which  the  Confederate  States  shall  be  a  party  ; 
to  controversies  between  two  or  more  states  ;  between  a  state 


16 


and  citizen  of  another  state  Avhere  the  state  is  plaintiff :  between 
citizens  claiming  lands  under  grants  of  different  states ;  and  be- 
tween a  state  or  the  citizens  thereof,  and  foreign  states,  citizens 
or  subjects ;  but  no  state  shall  be  sued  by  a  citizen  or  subject  of 
:iny  foieign  state. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers, 
and  consuls,  and  those  in  Avhich  a  state  shall  be  a  party,  the  su- 
preme court  shall  have  original  jurisdiction.  In  all  the  other 
eases  before  mentioned,  the  supreme  court  shall  have  appellate 
jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions,  and 
under  such  regulations,  as  the  Congress  shall  make. 

0.  The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury,  and  such  trial  shall  be  held  in  the  state  where 
the  said  crimes  shall  have  been  committed  ;  but  when  not  com- 
mitted within  any  state,  the  trial  shall  be  at  such  place  or  places 
as  the  Congress  may  by  law  have  directed. 

Section  3. 

1.  Treason  against  the  Confederate  States  shall  consist  only 
in,  levying  war  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act  or  on  confession  in  open  court. 

2.  The  Congress  shall  have  j)Ower  to  declare  the  punishment 
of  treason,  but  no  attainder  of  treason  shall  work  corruption  of 
blood,  or  forfeiture,  except  during  the  life  of  the  person  at- 
tainted. 

ARTICLE  IV. 

SECTION   1. 

1.  Full  faith  and  credit  ^shall  be  given  in  each  state  to  the 
public  acts,  records  and  judicial  proceedings  of  every  other  state. 
And  the  Congress  may,  by  general  laws,  prescribe  the  manner 
in  which  such  acts,  records  and  proceedings  shall  be  proved, 
and  the  effect  thereof. 


/ 


17 


Section  2. 


1.  The  citizens  of  each  State  shall  be  entitled  to  all  tht']»nv- 
Hcges  aiul  immunities  of  citizens  in  the  several  States,  and 
ehall  have  the  right  of  transit  and  sojourn  in  any  state  of  this  Con- 
federacy, with  their  slaves  and  other  property  ;  ;ind  the  ri^ht  of 
property  in  said  slaves  shall  not  he  thereby  impaired. 

2.  A  person  charged  in  any  state  with  treason,  felony,  or 
other  crime  against  the  laws  of  such  state,  who  shall  flee  from 
justice,  and  he  found  in  another  state,  shall,  on  demand  of  the 
Executive  authority  of  the  state  from  which  he  Hed,  be  delivered 
up,  to  be  removed  to  the  state   having  jurisdiction  of  the  crime. 

•>.  No  slave  or  other  person  held  to  service  or  labor  in  any 
state  or  territory  of  the  Confederate  States  under  the  laws  thereof, 
escaping  or  lawfully  carried  into  another,  shall,  in  consequence 
of  any  law  or  regulation  therein,  be  discharged  from  such  ser- 
vice or  labor;  luit  shall  be  delivered  up  on  claim  of  the  party 
to  whom  such  slave  belongs,  or  t-i  wliom  such  service  or  Inhor 
may  be  due. 

Sectiu-N    '■'>. 

1.  Oiher  states  may  be  admitted  into  this  Oonlederacy  by  a 
vote  of  two-thirds  of  the  whole  House  of  Representatives,  and 
two-thirds  of  the  Senate,  the  Senate  voting  by  states  ;  but  no 
new  state  shall  be  formed  or  oroctetl  within  the  jurisdiction  of 
any  other  state:  nor  any  >tate  be  formctl  )>y  the  jiuiction  of 
two  or  more  states,  or  parts  of  states,  wiilioiu  the  consent  of  the 
Lcijislatures  of  the  states  concerned  as  well  as  of  tlu^  Oouiiress. 

'2.  The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations  courcrning  the  )iropovty  of  the 
Confederate  States,  including  the  laiuls  thereof. 

o.  The  Confederate  States  may  acquire  new  territory:  ami 
Congress  shall  have  power  to  legislate  and  provide  goverimuMU- 
for  the  inhabitants  of  all  to'ritory  belonging  to  the  Confederate 
States,  lying  without  the  limits  of  the  several  states;  and  may 
permit  them,  at  such  times,  and  in  such  manner  as  it  may  hy 
law  provide-,  to  form  states  to  be  Mclinittoil  Into  the  Confe<leraey. 


18 

In  all  such  territory,  the  institution  of  negro  slavery  as  it  novf 
exists  in  the  Confederate  States,  shall  be  recognized  and  protected 
l)y  Congress,  and  by  the  territorial  government :  and  the  inhabit- 
ants of  the  several  Confederate  States  and  Teritories,  shall  have 
the  riglit  to  take  to  such  territory  any  slaves  lawfully  held  by  them 
in'any  of  the  states  or  territories  of  the  Confederate  States. 

4.  The  Confederate  States  shall  guaranty  to  every  state 
that  now  is  or  hereafter  may  become  a  member  of  this  Confed- 
eracy, a  republican  form  of  government,  and  shall  protect  each 
of  them  against  invasion;  and  on  application  of  the  Legislature 
(oj-  of  the  Executive  when  the  Legislature  is  not  in  sessioa) 
against  domestic  violence. 

ARTICLE  V. 

Section  1. 

1.  Upon  the  demand  of  any  three  states,  legally  assembl-'iJ 
in  their  several  conventions,  the  Congress  shall  summon  a  con- 
vention of  all  the  states,  to  take  into  consideration  such  amend- 
ments to  the  constitution  as  the  said  states  shall  concur  in  sug- 
gesting at  the  time  when  the  said  demand  is  made  ;  and  should 
any  of  the  proposed  amendments  to  the  Constitution  be  agree-?, 
on  by  the  said  convention — voting  by  states — and  the  same  be 
ratified  by  the  legislatures  of  two-thirds  of  the  several  states,  oi- 
by  conventions  in  two-thirds  thereof — as  the  one  or  the  other  mode 
of  ratification  may  be  proposed  by  the  general  convention — 
they  shall  from  thenceforward  form  a  part  of  this  constitution. 
But  no  state  shall,  Avithout  its  consent,  be  deprived  of  its  equal 
representation  in  the  Senate. 

ARTICLE  VI. 

1.  Tho  Government  established  by  tliis  constitution  is  the 
successor  of  the  Provisional  Government  of  the  Confederate 
States  of  America,  and  all  the  laws  passed  by  the  latter  shall 
continue  in  force  until  the  same  shall  be  repealed  or  modified  ; 
and  all  the  officers  appointed  by  the  same  shall  remain  in  office 


19 


?uiitil  their,  successors  are  appointed   ;:nd  (junlified,  or  the  offic(?n 
•abolished, 

2.  All  debts  contracted  and  eni'a^'einents  entered  into  before 
the  ailoption  of  this  conatitution  shall  be  as  valid  against  the 
Confederate  States  under  this  constitution  as  under  the  Provis- 
ional Government. 

3.  This  Constitution,  and  the  laws  of  the  Confederate  States, 
made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall 
be  made  under  the  authority  of  the  Confederate  States,  shall  be 
the  supreme  law  of  the  land;  and  the  judges  in  every  state 
shall  be  bound  thereby,  anything  in  the  constitution  or  laws  of 
any  state  to  the  contrary  notwithstanding. 

4.  The  Senators  and  Representatives  Itefore  mentioned,  an.i 
tlie  members  of  the  several  state  legislatures,  and  all  executive 
and  judicial  officers,  both  of  the  Confederate  States,  and  of  the 
several  states,  shall  be  bound  by  oath  or  affirmation,  to  support 
this  Constitution  ;  but  no  religious  test  shall  ever  be  required  as 
a  (jualitieation  to  any  office  or  public  trust  under  the  Confed- 
erate States. 

•J.  The  enumeration,  in  the  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained  by 
the  people  df  the  several  states. 

^t.  The  powers  not  delegated  to  the  Confederate  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  states,  are  reserved 
to  the  states,  respectively,  or  to  the  people  thereof. 

ARTICLE  VII. 

1.  The  ratification  of  the  conventions  of  five  states  shall  be 
sufficient  for  the  establishment  of  this  Constitution  between  the 
states  60  ratifying  the  same. 

2.  When  five  states  shall  have  ratified  this  Constitution,  in 
the  manner  before  specified,  the  Congress  under  the  Provisional 
Cons:;:ation,  shall  prescribe  the  time  for  holding  the  election  of" 
President  and  Vice-President ;  and,  for  the  meeting  of  the  Elec- 
toral Colltgc;  and,  for  counting  the  votes,  and  inaugurating  the 
President.     They  r^hall,  also,  prescribe  the  time  for  boding  the 


20 


firBt  election  lor  mumbo's  ot"  (Jougress  under  this  Constitution., 
und  the  time  for  assembling  the  same.  Until  the  assembling  of 
s'jtch  Congress,  the  Congress  under  the  Provisional  Constitution 
yball  continue  to  exerci,se  the  legislative  powers  granted  them  : 
not  extending  beyond  the  time  limited  ])y  the  Constitution  of 
tL<-  Provi*=ional  (JovoniUKiU. 


EXTRACT  FR(.>M.  THE  JOURNAL  OF  THE  CONGRESS. 


Congress,  March  11,  IbtJl. 

On  ihc  ^j[ue.-lioR  i>l'  the  adoption  of  the  Constitution  of  the 
Confederate  States  of  America,  the  vote  was  taken  by  yeas  and 
tiays;  Mud  the  Constitution  was  unanimously  adopted,  as  fol- 
lows : 

Those  who  Vdti'd  in  the  atilrniative  being  Messrs.  AValker, 
Smith,  Curry,  Hale,  MePiae,  Shorter  and  Fearn,  of  Alabama ; 
(Messrs.  Clinton  and  Lewis  being  absent);  Messrs.  Morton,  An- 
derpon  and  Owens,  of  Florida. :  Messrs.  Toombs,  Howell  Cobb. 
Bartow,  Nisbct,  Hill,  Wright,  Thomas  R.  R.  Cobb,  and  Ste- 
phens, of  Oeorgia,  (Messrs;  Crawford  and  Kenan  being  absent); 
^lessrs.  Perkins,  de  Clouet,  Conrad,  Kenner,  Sparrow,  and  Mar- 
>hall,  of  Louisiana  ;  Messrs.  Harris,  Brooke,  Wilson,  Clayton, 
JJarry  and  Harrison,  of  Mississippi,  (Mr.  Campbell  being  ab- 
sent) ;  Messrs.  Rhctt,  Barnwell,  iveitt,  Chesnut,  Meinminger, 
Miles,  Withers  and  Boyce.  of  South  Carolina  ;.  Messrs.  Reagan, 
Hemphill,  Waul,  (xregg.  <.>ldham  and  Ochiltree,  of  Texas.  (Mr. 
Wigfall  being  abvcnt.) 

A  lriH>  (.-.•py:  .J.  J.   HOOPER. 

Secretary  of  tlic  CouLn-esi.. 


Congress,  March,  11,  1801. 
ii  do  hereby  <.-ej-tify  that  the  foregoing  are,  respectively,  true- 
ar>d  correct   copies   of  "■  The   Constitution  of  the   Confederate 
tStates  of  America,"  unanimously  adopted  this  day,  and  of  the 
ycAn  and  nays,  on  the  nuestion  of  the  adoption  thereof. 


Presidewt  of  the  Concrress.- 


